Wilcox v. Trautz

Wilcox and Trautz (plaintiff and defendant) lived together unmarried for over 20 years; when Wilcox began another relationship, Trautz had a lawyer draft an agreement making each party's income and assets separately owned and requiring Wilcox to vacate their home within 30 days of being asked, under threat that refusing to sign would end the relationship. Trautz advised her to get her own legal advice, which she did not seek, and both signed while Trautz held most of the assets. Years later, after Wilcox began another relationship and Trautz asked her to move out, she refused and sued to have the agreement declared invalid; the trial court agreed, and Trautz appealed.

Whether a contract between unmarried cohabitants addressing property, financial, and other relationship matters is valid and enforceable so long as sexual services are not the primary consideration for the agreement.